Ft Lauderdale criminal defense lawyer John M. Castellano shares an example “Motion for New Trial”

Posted by:

Florida criminal defense attorney John Castellano offers you a glimpse into why he may be correct in advising you to never give up! This is only an example of a partial motion for new trial (not complete, inasmuch as we would need to weave in the actual facts and errors committed by the trial judge, those that are peculiar to the nuances of each case) … Check it out:

The Defendant, by and through undersigned counsel, files this Motion for New Trial, requesting an Order granting a new trial in this matter pursuant to Rule 3.580, 3.590 and 3.600 of the Florida Rules of Criminal Procedure.

Primarily, and based on the grounds for new trial set forth in Rule 3.600, the verdict is contrary to the law or the weight of the evidence as provided in Rule 3.600(a)(2), and a new trial is required in the interest of justice. See also State v. Gaines, 770 So. 2d 1221 (Fla. 2000)n noting that Rule 3.600 (a)(2) is “mandating the court grant a new trial if the verdict is contrary to the law or the weight of the evidence.” Page 1229.

Additionally, pursuant to Rule 3.600 (b) a new trial must be granted in this matter as substantial rights of the defendant were prejudiced by one or more of the grounds and violations, and based upon the cumulative effect of all of the listed grounds and errors including but not limited to factors listed in Rule 3.600(b)(5); the Court erred in decisions on matters of law arising during the course of the trial (3.600(b)(6); the Defendant, thought faultless in this regard, did not receive a fair and impartial trial (3.600(b)(8).

The cumulative effect of the various errors, including the susoect weight of the evidence and the fact that the verdict is contrary to law, have prevented the Defendant, from receiving a fair and impartial trial in this matter. See Rule 3.600(b)(8). A New Trial is required under the unique facts of this case, in the Interest of Justice.

To support this Motion for New Trial, the Defendant would renew, as it is fully set forth in this motion, all objections, motions (including written and oral Motions in Limine, Motions for Curative Instructions, Motions for Mistrial and Motions for Judgment of Acquittal), objections to evidence, including repeated hearsay elicited, improper conclusions and speculations, inflammatory photographs, repeated restrictions on the defense cross examinations and objections to factors included in Rule 3.600(b)(5), etc.

The Defendant would remind the Court that the cumulative and prejudicial effect of the errors previously raised, together with those fundamental errors which occurred but may not have been formally preserved through timely objection, motion for mistrial, etc, effected and prejudiced the Defendant’s substantial rights to a fair and impartial trial, requiring a new trial before a new and different jury.


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

Add a Comment

You must be logged in to post a comment.